Mortgage query - post divorce

silver017

Hi,

My husband and his ex-wife divorced about 10 years ago. They have a daughter. His ex-wife remarried about eight years ago, and my husband married me three years ago. My husband's ex-wife managed the divorce, paying all costs, and they had informal amicable agreements covering everything. My husband believed he was no longer on the mortgage of their martital home, but found out two years ago that he is still on it. He is not expected to pay anything toward it, his ex-wife moved out seven years ago, and it is currently tenanted although it is on an ordinary mortgage, not on a buy to let mortgage. My husband does not want any part of that property, he wants to gift it to his ex-wife. All my husband wants is to be off the mortgage, off the deeds, and to be free to get on a mortgage with me. His ex-wife should have arranged for this to be sorted, she has had two years, but has not made any move to get him removed. She is self employed, and has borrowed against the property and does not have enough equity/money etc to get a mortgage in only her own name on it. She could not put her current husband on, as her current husband is a house husband and just does child care. Obviously he could work, and she has an additional rental property, owns the house she lives in etc, so if she wanted she could sell up, restructure her finances etc, but she hasn't and doesn't show any sign of doing so. Despite the fact we have so far given her two years to get something underway, she has done nothing.

How can my husband get off this mortgage? He has not paid toward it, does not want any part of it, and the fact that it is being tenanted and that this violates the mortgage agreement bothers him, he just wants a clean break, but how can he do this? As mentioned, there is no court ratified agreement from the time of the divorce, no childcare arrangements, no nothing. It was all managed out of court...but unfortunately although he thought he had been taken off the mortgage, he is still on it.

Thanks for any advice!

Thrugelmir

Consult a solicitor and force a legal sale of the property.

silver017

We would do but we don't have the kind of money for lengthy court proceedings...is that our only option, wait until we have that kind of money kicking around???

Plus my husband wouldn't want to do anything of that sort until his daughter is 18. His ex-wife has sole custody and my husband doesn't want his ex-wife to change the current visitation he has.

Thrugelmir

silver017 wrote: »

We would do but we don't have the kind of money for lengthy court proceedings...is that our only option, wait until we have that kind of money kicking around???

Plus my husband wouldn't want to do anything of that sort until his daughter is 18. His ex-wife has sole custody and my husband doesn't want his ex-wife to change the current visitation he has.

I understand your position fully. I only suggested the forced route as the property is let and not his daughters home. The best option may be to wait until the daughter is of an age where she can make her own decisions.

Without agreement between the parties there are no options.